Bunting v. Pearson

HAMILTON, Justice.

Prior to the adoption of the Texas Probate Code, V.A.T.S. 1 in 1955, this Court had repeatedly held that the general provisions of the Revised Statutes regulating the procedures for establishing claims against an estate were not applicable to claims against an estate administered by an independent executor. Smyth v. Caswell, 65 Tex. 379 (1886); Roy v. Whitaker, 92 Tex. 346, 48 S.W. 892, 49 S.W. 367 (1898); Fischer v. Britton, 125 Tex. 505, 83 S.W.2d 305 (1935). The court of civil appeals, in reversing a trial court judgment, has held that this rule was radically changed by…